HOUSE OF REPRESENTATIVES
H.B. NO.
397
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE EXAMINATION OF CRIMINAL DEFENDANTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 704-404, Hawaii Revised Statutes, is amended by amending subsection (11) to read as follows:
"(11) The compensation of persons making or assisting in the examination, other than those retained by a nonindigent defendant, who are not undertaking the examination upon designation by the director of health as part of their normal duties as employees of the State or a county, shall be paid by the [[Struck through: State.]] [Underlined: judiciary in the amount of $2,000, which amount includes compensation for the examination, the drafting of the report, and any consultation, preparation, testimony, and attendance in court.]"
SECTION 2. Section 704-407.5, Hawaii Revised Statutes, is amended by amending subsection (12) to read as follows:
"(12) The compensation of persons making or assisting in the examination, other than those retained by a nonindigent defendant, who are not undertaking the examination upon designation by the director of health as part of their normal duties as employees of the State or a county, shall be paid by the [[Struck through: State.]] [Underlined: judiciary in the amount of $2,000, which amount includes compensation for the examination, the drafting of the report, and any consultation, preparation, testimony, and attendance in court.]"
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $975,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to carry out the purposes of this Act.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
By Request
Report Title:
Judiciary Package; Penal Responsibility; Fitness to Proceed; Private Examiner Compensation; Appropriation
Description:
Establishes the amount of compensation for private-sector examiners who evaluate a criminal defendant's penal responsibility or fitness to proceed in a legal case. Appropriates moneys.
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